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GIBBONS v. BADGER MUTUAL INSURANCE COMPANY

No. 1 CA-CIV 929.

11 Ariz. App. 485 (1970)

466 P.2d 36

G.L. GIBBONS, Appellant, v. BADGER MUTUAL INSURANCE COMPANY, a corporation, and R.E. Pruitt, Jr., and Bernice Pruitt, his wife, Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Denied April 17, 1970.

Review Denied May 12, 1970.

Attorney(s) appearing for the Case

Cavness, DeRose & Senner, by John W. Rood and George F. Senner, Jr., Phoenix, for appellant.

Anderson & Holloway, by Paul W. Holloway and Jack M. Anderson, Phoenix, for appellee Badger Mut. Ins. Co.

Jennings, Strouss & Salmon, by Nicholas Udall, Phoenix, for appellees R.E. Pruitt, Jr. and Bernice Pruitt.

KRUCKER, Judge.

Plaintiff-appellant, G.L. Gibbons, sued defendants-appellees, Badger Mutual Insurance and its agent, R.E. Pruitt, for damages, on several theories, for the destruction by fire of plaintiff's business. The trial court granted defendants' motion to dismiss, and in the alternative, motion for summary judgment. Plaintiff appeals.

Construing the facts most favorable to the party opposing the motion...

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